Sh. Bishan Singh Chouhan & Others, Noida V. ITO, Noida

ITA 4122/DEL/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0045 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 21-05-2015
• Assessment Year: 1994-1995
• Appeal Filed On: 05-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH. J .S.R EDDY , ACCOUNTANT MEMBER I.T.A .NO S . - 4121 & 4122 /DEL/201 3 (ASSESSMENT YEAR S - 1993 - 94 & 1994 - 95 ) BISHAN SINGH CHOUHAN & OTHERS., L/H LATE SH. MURARI, VILLAGE - CHALLERA, SEC. - 37, NOIDA. PAN - ABTPC1109L (APPELLANT) VS ITO, WARD - 2, NOIDA. (RESPONDENT) APPELLANT BY S H.VINEET GARG, ADV RESPONDENT BY MS.Y.KAKKAR, DR ORDER PER DIVA SINGH, JM BY THE PRESENT AP PEAL S, THE ASSESSEE ASSAILS THE CORRECTNESS OF THE ORDERS DATED 23.11.2012 PASSED BY CIT(A), NOIDA PERTAINING TO 1993 - 94 & 1994 - 95 ASSESSMENT YEAR S WHEREBY THE PENALTY IMPOSED BY THE AO AMOUNTING TO RS.2,36,091/ - AND RS.1,38,100/ - RESPECTIVELY U/S 271(1)(C) H AS BEEN UPHELD . 2. THE LD. AR AT THE TIME OF HEARING STATED THAT THE TRIBUNAL HAS QUASHED THE ASSESSMENTS IN THE QUANTUM ORDER FOR BOTH THE YEARS AS SUCH THE PENALTY ORDER DESERVE TO BE QUASHED. C OPY OF THE CONS OL ID AT ED ORDER IN ITA NO. - 4588 & 4589/DEL/2007 DATED 31.03.2014 FOR THE RELEVANT ASSESSMENT YEARS WAS FILED IN SUPPORT OF THE ARGUMENT S . INVITING ATTENTION TO THE PENALTY ORDER AND THE ASSESSMENT ORDER DATED 24.08.2006 , IT WAS SUBMITTED THAT PENALTY PROCEEDINGS HAVE BEEN INITIATED AGAINST THESE ORDERS. THE LD. SR. DR C ONSIDERING THE ORDERS OF THE CO - ORDINATE BENCH AND THE DATES REFERRED TO IN THE ASSESSMENT ORDER FOR BOTH THE YEARS AND REFERENCE MADE THERETO IN THE PENALTY ORDER S ALSO IN BOTH THE YEARS PLACED RELIANCE ON THE PENALTY ORDER. DATE OF HEARING 21 .0 5 .2015 DATE OF PRONOUNCEMENT 22 .0 5 .2015 I.T.A .NO. - 4121 & 4122 /DEL/201 3 PAGE 2 OF 2 3 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS SEEN THAT LET ALONE THE ADDITION THE ENTIRE ASSESSMENTS F OR THE TWO YEARS UNDER CONSIDERATION WERE QUASHED BY THE CONSOLIDATED ORDER PASSED BY THE CO - ORDINATE BENCH. IN VIEW THEREOF, WE HOLD THAT IN THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE, THE IMPUGNED ORDER S IN BOTH THE YEARS DESERVE TO SET ASIDE AND THE PENALTY ORDER S IN BOTH THE YEARS DESERVE TO BE QUASHED . O RDERED ACCORDINGLY . THE SAID ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES. 4 . IN THE RESULT , THE APPEAL S OF THE ASSESSEE ARE ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 2 2 N D OF MAY 2015. S D / - S D / - ( J .S.R EDDY ) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 2 / 0 5 /2015 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI